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CBI investigation ordered by SC in unnatural death of Rajneesh Kumar
9/19/2013 10:56:27 PM
ET Report
JAMMU, Sept 19: After hearing Ms Pinky Anand, senior advocate for the aged mother and brother of the deceased, Supreme Court Bench consisting of Justice C.K. Prasad and Justice J.S. Kehar on Wednesday (September 18) directed the CBI to investigate into the death of a Rajneesh Kumar, who was alleged to have committed suicide in judicial custody in a Police Station in Srinagar, Kashmir and to submit the report within six months.
Rajneesh Kumar, 35 years old was found dead in police custody in Ram Munshi Bagh Police station of Srinagar on October 6, 2009.
It was argued by Ms Pinky Anand that the post mortem report itself showed 17 different injuries sustained by the deceased Rajneesh Sharma. Several injuries were found all over body of Rajneesh from the head to legs and both arms. It was further argued that statement of witnesses itself showed that Rajneesh Sharma died in Police custody due to police torture and electric shocks.
The case again highlights extreme violence and high handedness of the police officials in cases of inter-religion marriages.
Rajneesh Kumar was arrested by Kashmir Police on the intervening night of 29-30 September, 2009 from Rehari in Jammu region. Rajneesh belonged to a lower middle class family and was an Aluminium trader in Jammu. He has an elder brother, Pawan Kumar, age 42 years with two children, 12 & 9 years. Pawan Kumar has a temporary job at State Road Transport Corporation.
Rajneesh had been going to Srinagar for several years. He used to stay at a house boat owned by one Mohammad Yousaf Meraji, who is a sub inspector with the local sales vigilance department. Rajneesh and Ameena Yousaf d/o Md. Yousaf Meraji fell in love and decided to get married. The marriage was solemnized on August 21, 2009 at Arya Samaj temple, Janipur, Jammu.
On the same day, the girl Ameena alias Aanchal's father lodged an FIR at Ram Munshi Bagh Police station accusing Rajneesh and his family of kidnapping his daughter. Murtaza Ahmed was the SHO and Javed Riyaz Bedar was SP Srinagar. ASI Abdul was deputed to go to Jammu. In collaboration with the local police, he started harassing Rajneesh's family.
Police officers Shashi Thakur, SHO and SDPO Shiv Kumar Chauhan of Bakshi Nagar police station started raiding the family and illegally arresting its members. On 2nd October, Rajneesh's brother in law (Jija and also his business partner) Kaushal Kumar Sharma was arrested by the police without registering the case and taken to Srinagar. The family hired lawyers from Jammu and went to Srinagar for securing a bail. The case, however, could not be taken up due to the strong opposition from the local lawyers.
Two postmortem were conducted on the body of the Rajneeh, one in Srinagar and one in Jammu. The findings suggest severe torture - burning by cigarette butts and hanging upside and down.
The petitioners had prayed for CBI investigation as there was no likelihood of justice from the police authorities. The petitioners had further prayed for compensation and punitive damages of Rs 50 lakhs from the State for the wrongful death of Rajneesh and guidelines to be framed against action of the police in such cases and cases of inter caste/religion marriages. The Supreme Court gave the petitioners liberty to move for further relief in Supreme Court after the report of CBI.
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